Response to Office Action

SAND & STABLE

Wayfair LLC

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90536538
LAW OFFICE ASSIGNED LAW OFFICE 122
MARK SECTION
MARK mark
LITERAL ELEMENT SAND & STABLE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (006) (no change)
GOODS AND/OR SERVICES SECTION (011) (no change)
GOODS AND/OR SERVICES SECTION (014) (no change)
GOODS AND/OR SERVICES SECTION (016) (no change)
GOODS AND/OR SERVICES SECTION (019) (current)
INTERNATIONAL CLASS 019
DESCRIPTION
Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; doors of glass; vinyl flooring; wood flooring; ceramic flooring; porcelain flooring
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (019) (proposed)
INTERNATIONAL CLASS 019
TRACKED TEXT DESCRIPTION
Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; doors of glass; non-metal doors, namely, doors of glass; vinyl flooring; wood flooring; ceramic flooring; porcelain flooring; tile flooring, not of metal, namely, porcelain flooring
FINAL DESCRIPTION
Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; non-metal doors, namely, doors of glass; vinyl flooring; wood flooring; ceramic flooring; tile flooring, not of metal, namely, porcelain flooring
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (020) (current)
INTERNATIONAL CLASS 020
DESCRIPTION
Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; cabinet knobs; drawer knobs
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (020) (proposed)
INTERNATIONAL CLASS 020
TRACKED TEXT DESCRIPTION
Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; cabinet knobs; knobs, not of metal, namely, cabinet knobs; drawer knobs; knobs, not of metal, namely, drawer knobs
FINAL DESCRIPTION
Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; knobs, not of metal, namely, cabinet knobs; knobs, not of metal, namely, drawer knobs
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (021) (no change)
GOODS AND/OR SERVICES SECTION (024) (current)
INTERNATIONAL CLASS 024
DESCRIPTION
Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (024) (proposed)
INTERNATIONAL CLASS 024
TRACKED TEXT DESCRIPTION
Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners; table linens not of paper, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
FINAL DESCRIPTION
Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens not of paper, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (027) (no change)
GOODS AND/OR SERVICES SECTION (035) (no change)
CORRESPONDENCE INFORMATION (current)
NAME Christina M. Licursi
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE cxltrademarks@wolfgreenfield.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER W10752011300
CORRESPONDENCE INFORMATION (proposed)
NAME Christina M. Licursi
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE cxltrademarks@wolfgreenfield.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) azstrademarks@wolfgreenfield.com
DOCKET/REFERENCE NUMBER W10752011300
SIGNATURE SECTION
RESPONSE SIGNATURE /Amanda B. Slade/
SIGNATORY'S NAME Amanda B. Slade
SIGNATORY'S POSITION Associate Attorney, Wolf, Greenfield & Sacks, P.C., MA Bar Member
SIGNATORY'S PHONE NUMBER 16176468193
DATE SIGNED 08/25/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 25 11:34:44 ET 2021
TEAS STAMP USPTO/ROA-XXX.XX.X.XXX-20
210825113444223239-905365
38-7819c235fc2336ee48ba97
0fac71b3ffb3bdc22662a0a39
1d08f188fa53faa1-N/A-N/A-
20210825093730614765



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90536538 SAND & STABLE(Standard Characters, see http://uspto.report/TM/90536538/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 019 for Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; doors of glass; vinyl flooring; wood flooring; ceramic flooring; porcelain flooring
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; doors of glass; non-metal doors, namely, doors of glass; vinyl flooring; wood flooring; ceramic flooring; porcelain flooring; tile flooring, not of metal, namely, porcelain flooringClass 019 for Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; non-metal doors, namely, doors of glass; vinyl flooring; wood flooring; ceramic flooring; tile flooring, not of metal, namely, porcelain flooring
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 020 for Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; cabinet knobs; drawer knobs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; cabinet knobs; knobs, not of metal, namely, cabinet knobs; drawer knobs; knobs, not of metal, namely, drawer knobsClass 020 for Furniture; furniture, namely, multimedia storage cabinets, accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, entertainment centers, television stands, bookcases, office furniture, computer desks, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; knobs, not of metal, namely, cabinet knobs; knobs, not of metal, namely, drawer knobs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 024 for Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners; table linens not of paper, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runnersClass 024 for Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets; draperies; curtains; shower curtains; bath linens; kitchen linens; table linens not of paper, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Christina M. Licursi
      PRIMARY EMAIL FOR CORRESPONDENCE: cxltrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is W10752011300.
Correspondence Information (proposed):
      Christina M. Licursi
      PRIMARY EMAIL FOR CORRESPONDENCE: cxltrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): azstrademarks@wolfgreenfield.com

The docket/reference number is W10752011300.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Amanda B. Slade/     Date: 08/25/2021
Signatory's Name: Amanda B. Slade
Signatory's Position: Associate Attorney, Wolf, Greenfield & Sacks, P.C., MA Bar Member

Signatory's Phone Number: 16176468193 Signature method: Sent to third party for signature

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Christina M. Licursi
   Wolf, Greenfield & Sacks, P.C.
   
   600 Atlantic Avenue
   Boston, Massachusetts 02210-2206
Mailing Address:    Christina M. Licursi
   Wolf, Greenfield & Sacks, P.C.
   600 Atlantic Avenue
   Boston, Massachusetts 02210-2206
        
Serial Number: 90536538
Internet Transmission Date: Wed Aug 25 11:34:44 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.X.XXX-20210825113444223
239-90536538-7819c235fc2336ee48ba970fac7
1b3ffb3bdc22662a0a391d08f188fa53faa1-N/A
-N/A-20210825093730614765



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